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Daniel A. Seymour

Daniel Seymour’s Answers

16 total

  • Can I sue for personal injury if I was a passenger in a car accident that neither party made a claim for or reported to police?

    I can't prove that the accident even happened so I'm wondering if I have a case.

    Daniel’s Answer

    there is no legal rule that you need a police reort to pursue a claim

    as long as you can identify the people who owned and operated the motor vehicles and can a establish that it was someones fault, or negligence then you can pursue a case

    call a lawyer asap

    See question 
  • HIPPA violation. .My brain MRI went to the worker's comp rep. instead of me. Can I sue the radiologist or the medical clinic?

    Had a MRI of my spine due to a fall in March. This is workers comp. At the same place I and time I requested a MRI of my brain due to a hx of a brain lesion. I clearly stated to the radiology and MD's clinic staff that I wanted separate bil...

    Daniel’s Answer

    the federal law known as Hippa does not give a person a private right to sue

    you would need to show actual damages flowing directly from the breach of your privacy rights
    and a state law which protects your privacy
    consult a local attorney

    See question 
  • Do i have a personal injury case?

    My son was injured while doing gymnastics at a gym. He was in the ICU for 2 days. He was doing a flip into a pit and hit his knee to his head. In gym pits have to be fluffed for safety when kids land. My son does not believe the pits were fluffed ...

    Daniel’s Answer

    you should consult with an expeienced injury lawyer asap

    you don;t assume a risk when the dangerous condition is not readily apparent

    you still have time sine there is a three year limitation period to sue, which is extended on certain types of claims involving an infant

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  • One Bite Rule

    I was bit by a dog in front of my very door at my apt complex. I was simply coming out and the owner's poodle came over and bit me. After furious words, I found out that the dog never bit anyone before. AND NO I NEVER PROVOKED the dog.. Can I sue ...

    Daniel’s Answer

    although insurance claims workers love to say that their clients dogs are entitled to one free
    bite, there is no such rule in new york

    consult with an experienced attorney who can guide you through the process

    See question 
  • How can I get my lawyer to give my settlement money?

    I had an accident in 2010 which left me disabled. Settlement was paid to my lawyer in October of 2013. He informed me of THE amount and it was going to take about five months before I would get paid. He even allowed me to take a pre-settlement lo...

    Daniel’s Answer

    you should consult with another local attorney as soon as possible who will advise you of your rights to obtain a restaining court order directing the attorney to account for and deliver your settlement

    there may be a basis to pursue a criminal complaint as well

    See question 
  • Can I sue the school district?

    The elementary school my 10 year old goes to hasn't removed snow/ice from the sidewalks in 3 days since the end of the snow fall. My child had to walk on the snow covered sidewalk to avoid walking in a busy street. Today, on the way home, she fell...

    Daniel’s Answer

    you must file a formal notice of claim within 90 days of your childs injury in order to protect your rights

    consult with an experienced personal injury attorney

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  • Can I make a counter offer after we got an offer to settle from the other side's attorney? I want to avoid going to court.

    I have been involved with a lawsuit and my lawyer just received an offer from the other side. My lawyer said if i don't accept the other side's offer, we will have to go to court.

    Daniel’s Answer

    all contested lawsuits require preparation and an aggressive advocate ready willing and able to go to court

    the first offer is rarely the last one

    continue to keep teh dialogue with your attorney and teh other side open

    See question 
  • I fell down my apartment stairs broke my back and had surgery. building is old and steps are narrow. can i sue landlord ?

    I fell backwards down my apartment stairs while going up stairs striking my head and neck against the wall at the end of the landing. I live in an old 3 family unit and the steps on the stairs are very narrow. I went to the E R immediately by a...

    Daniel’s Answer

    you should make an appointment with a local lawyer who specializes in injury litigation

    a thorough investigation will determine if the staircase has building code violations which caused you to fall and suffer such serious injuries

    See question 
  • Regarding NY No-Fault Lost Wages - Am I eligible for benefits?

    Am I eligible for lost wage benefits through NY No Fault insurance if I have documentation that I was supposed to start a position with a company but my car accident injuries rendered me unable to start? I have documentation showing job title, ...

    Daniel’s Answer

    i believe you are eligible for lost earnings benefits from your car insurer
    an application for no-fault benefits must be filed within 30 days of the accident

    See question 
  • Writer rear ended by Pepsi company delivery truck and sedan at stop light while working for govt. Is this a wc or 3rd party case

    Writer has been seeing a neurologist and orthopeadic specialist who recommends seeing a spinal surgeon for herniated c4&c5 disk; straightening of cervical lordsis touching spinal cord, and reinjuring post l5-s1 spinal fusion with central disk bul...

    Daniel’s Answer

    you have both a workers compensation case,which entitles you to many benefits
    and a viable lawsuit against the owner and operator of the truck which caused the incident

    consult an experienced personal injury attorney

    See question